Killed in 2008...HC directs Govt to pay Rs 5 lakh
Source: The Sangai Express
Imphal, September 19 2019:
A Division Bench of the High Court of Manipur directed the Government to pay a compensation of Rs 5 lakh to the family of deceased Wangkheimayum Shamjai Singh, 24 son of late W Shamungou Singh of Moirang Ngangkhalawai Maning Leikai who was killed by the security forces in an alleged encounter on May 10, 2008 at Ningthoukhong areas under Bishnupur district after he was picked up from his house on May 8, 2008.The order was issued on September 12 after the final hearing on August 7 .
The Division Bench comprised of Chief Justice Ramalingam Sudhakar and Justice Kh Nobin Singh.
The Court's ruling came following a petition filed by W Kumar Singh elder brother of the deceased praying to direct the respondents which include Secretary, Ministry of Defense, Government of India, Secretary Ministry of Home Affairs, Government of India, GOC 57 Mountain Division, CO 17 JK Light Infantry, Principal Secretary Home, Government of Manipur, DGP Manipur and SP Bishnupur to pay compensation to him for the illegal and unjustified killing of Shamjai Singh after he was arrested without issuing any arrest memo on May 8, 2008 .
The petitioner in his application mentioned that the deceased Shamjai was a cultivator and the bread earner of the family.
He was once arrested by the security forces on the allegation that he was a member of KYKL but was released on bail.
It also mentioned that on May 8, 2008 the deceased along with a friend, Abung, was filleting fishes for the wedding of a brother when two unknown persons came and took away Shamjai and his friend Abung upto Moirang Lamkhai where some Army personnel came out from a parked white coloured Maruti Van.
From there Shamjai was forcibly taken away towards Imphal.
Abung was reportedly left behind and the family was later informed that Shamjai has been arrested.
Since the family members were busy with the marriage ceremony they did not pay much attention to Shamjai's arrest and it was only after the marriage ceremony that the family members started searching for Shamjai.
On May 9 morning a Panchayat member H Nungshitombi Devi submitted a report to the OC Moirang PS about Shamjai being picked by Army personnel.
And it was only on May 11, 2008 that the family came to know that Shamjai has been killed as informed by the Bishnupur police to the said Panchayat member.
On the other hand the family also came to know that, an officer then Subedar Doulat Ram of 15 J&K Light Infantry lodged a report with OC Bishnupur Police Station stating that one unidentified UG was killed in an encounter with 3 UGs while 2 UGs had managed to escape under the cover of darkness at Ningthoukhong on May 10, 2008 .
After knowing about the killing of Shamjai, the villagers blocked Tiddim Road at Moirang Ngangkhalawai after forming a JAC which submitted a representation to the Chief Minister on May 11, 2008 .
Later the petitioner initially moved the then Imphal Bench of Gauhati High Court on April 6, 2010 and the same had directed the District Judge, Imphal West to conduct an enquiry to ascertain the facts leading to the death of Shamjai.
In compliance with the order of High Court, Session Judge Manipur West conducted an enquiry and submitted its report on September 9, 2013 .
The Division Bench relying on the enquiry reports of District & Session Judge, Imphal West which were in favour of the petitioner and considering the facts and circumstance of the case, the Division bench directed payment of Rs 5 lakh as compensation by the respondents within a period of six months and said amount of compensation should be deposited to the Registry of High Court of Manipur within the aforesaid period.
Advocate L Somorendro Roy represented the petitioner.
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